ESBD_383045_1732229772400_ESBD 5510000418_Rural_Health_Clinic_and_Technical_Assistance_11.21.24.pdf

Texas Department of Agriculture (TDA)

Purchasing and Contracting Office 1700 N. Congress Avenue

Austin, Texas 78701

Rural Health Clinic – Program Planning and Technical Assistance

CONTRACT No. & SOLICITATION NO. 5510000418 TYPE OF SOLICITATION

REQUEST FOR

PROPOSAL (RFP)

DATE ISSUED

11/21/2024

Respondent must submit sealed response no later than 3:00 PM CT on through 12/23/2024, to the following address:

Attention: bidroom@texasagriculture.gov

For information contact:

Alfredo Aguirre Phone: (512)463-9779 E-mail:

Alfredo.Aguirre@TexasAgriculture.gov

RESPONSE (Respondent must fully complete)

ACKNOWLEDGMENT OF ADDENDA:

(Respondent acknowledges receipt of Solicitation addenda and related documents numbered and dated:

ADDENDUM NO. DATE ADDENDUM NO. DATE

NAME AND ADDRESS

OF RESPONDENT:

RESPONSE DATE TELEPHONE NO. (Include area code)

SIGNATURE OF AUTHORIZED

REPRESENTATIVE

NAME AND TITLE OF AUTHORIZED REPRESENTATIVE

CERTIFICATION, DISQUALIFICATION, AND REMEDIES. Respondent must submit its response electronically to Bidroom@texasagriculture.gov before the due date and time posted on posted on the Electronic State Business Daily (ESBD)

ATTENTION: It is the responsibility of interested parties to periodically check the above method for updates to this solicitation prior to submitting a response. Respondent’s failure to periodically check the method above will no way release the selected Respondent (Contractor) from “addenda or additional information” resulting in additional costs to meet the requirements of this solicitation.

By signing this document, Respondent represents and warrants that all statements, certifications, and information submitted in response to this solicitation are true, current, complete, and accurate. Failure to sign

Texas Department of Agriculture

PCO 805 RFP Template Version 5 Revision 10/04/2024 will disqualify response. TDA may pursue and enforce any available remedies against Respondent for making false statements, including disqualifying Respondent’s response to the RFP, immediately cancelling any Contract awarded to Successful Respondent, or recommending State of Texas debarment.

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TABLE OF CONTENTS

SECTION I – INTRO DUCT ION AN D STATEMENT O F WO RK

1 INTRODUCTION

2 BACKGROUND

3 LEGAL AUTHORITY

4 DEFINITIONS

5 SCOPE OF WORK/SPECIFICATIONS

6 INVOICING AND PAYMENT

7 PERFORMANCE AND SERVICE LEVEL EXPECTATIONS

8 CONTRACT TERM

9 NO EXCLUSIVITY IN AWARD

SECTION I I – ADMINISTRATIVE INFOR MATI ON

1 SCHEDULE OF EVENTS

2 INQUIRIES

3 SUBCONTRACTING AND HUB SUBCONTRACTING PLAN

4 PRE-PROPOSAL VENDOR CONFERENCE

5 SOLICITATION RESPONSE COMPOSITION AND DELIVERY

6 EXCEPTIONS

SECTION I I I – SOLIC ITAT ION RE SPONSE EVALUATION AND AW ARD PRO CE SS

1 EVALUATION CRITERIA

2 AWARD

SECTION IV – RESPONDENT’S NARRATIVE PROPO SAL

1 EXECUTIVE SUMMARY

2 HISTORY OF RESPONDENT’S BUSINESS ENTITY AND EXPERIENCE

3 PROJECT WORK PLAN

4 ELECTRONIC AND INFORMATION RESOURCES (EIR) ACCESSIBILITY

5 VALUE-ADDED BENEFITS

6 KEY STAFFING PROFILE

SECTION V – RE QUI RED RESPONDENT IN FO RM ATI ON

1 RESPONDENT NARRATIVE

2 AFFIRMATIONS AND CERTIFICATIONS

3 COMPANY PROFILE

4 FINANCIAL RESPONSIBILITY QUESTIONNAIRE

5 ETHICS AFFIRMATION

6 REFERENCES

7 CONFLICT OF INTEREST

8 DATA SECURITY REQUIREMENTS

SECTION VI – COST PROPOSAL

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SECTION VII – ADDIT IONA L TE RM S AND CONDITION S

1 AMENDMENT

2 OFFER PERIOD

3 COSTS INCURRED 31

4 CONTRACT RESPONSIBILITY

5 ELECTRONIC AND INFORMATION RESOURCES (EIR) ACCESSIBILITY

RESPONDENT WAIVER – INTELLECTUAL PROPERTY

3 TEXAS STATE AUDITOR’S OFFICE

4 INSURANCE

5 PROTEST

SECTION VII I – EXHIBITS & SUBM ISSION CHE CK LIST

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SECTION I – INTRODUCTION AND STATEMENT OF WORK

1 INTRODUCTION

The Texas Department of Agriculture (TDA or Department), an agency of the State of Texas, issues this REQUEST FOR PROPOSAL (RFP) to solicit responses from qualified Respondents for services to address technical assistance needs for Rural Health Clinics (RHCs) within the State of Texas, as described in this Section II and in this solicitation. TDA’s objective is to obtain the services that represent the best value for TDA and the State of Texas, according to the terms and conditions of this solicitation.

RESPONDENTS ARE CAUTIONED TO READ THE INFORMATION CONTAINED IN THIS SOLICITATION

CAREFULLY AND TO SUBMIT A COMPLETE RESPONSE TO ALL REQUIREMENTS AND QUESTIONS AS

DIRECTED.

All costs associated with the solicitation must be included in the Respondent’s Proposal. Solicitation responses that do not meet all the requirements or contain all the required documentation specified in this solicitation may be rejected as non-responsive.

2 BACKGROUND

Established by the Texas Legislature in 1907, TDA was created to gather statistics on crops and livestock and to educate farmers on advanced farming methods and practices. Over time, TDA’s responsibilities expanded significantly, including the absorption of the Texas Department of Rural Affairs and the State Office of Rural Health (SORH) in 2011.

Today, TDA performs a wide variety of regulatory, nutrition, economic development, and marketing activities, such as:

1) Regulating the production and transport of agricultural commodities and reviewing commodity board budgets;

2) Administering numerous federal and state nutrition assistance programs for children and adults;

3) Regulating agriculture-related activities in the marketplace to protect consumers, such as retail package content and weighting device calibration and the registration and use of agricultural, residential, and commercial site pesticide applications;

4) Providing financial assistance for agribusinesses and rural enterprises, rural healthcare facilities, and community infrastructure projects to promote economic development in rural Texas; and

5) Promoting Texas agricultural and rural products locally, nationally, and internationally.

SORH is dedicated to serving the health needs of rural Texas, and staff works with local health care providers, county leaders and state partners to support access to quality health care for rural Texans. SORH works to assist rural health providers through a variety of programs including information and referral, assistance with medical license applications, grants and educational awards that are available to individual clinicians, health care institutions and other organizations.

RHCs are a vital part of the healthcare system in rural Texas. RHCs are clinics that provides outpatient primary care and preventive health services in non-urbanized areas. The objective of this solicitation is to study the issues and needs that RHCs have for the purpose of providing guidance with technical assistance and other resources to RHCs in the future while also initiating a basic technical assistance program that will address issues that are commonly known to exist for RHCs.

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3 LEGAL AUTHORITY

This solicitation is issued pursuant to TDA's authority in Chapter 12 of the Texas Agriculture Code and pursuant to Texas Government Code, Chapter 2156, Subchapter C, Sections 2156.121 –

2156.127. Pursuant to Section 2155.131 of the Texas Government Code and Texas Administrative Code (TAC), Title 34, §20.82. Competitive sealed proposals will be received before the deadline set forth below in this solicitation.

4 DEFINITIONS

The words and terms listed below have the following meanings unless the context clearly indicates otherwise. These definitions shall apply to this solicitation, including the terms and conditions attached to the solicitation, and any contract entered into by the parties as a result of this solicitation.

1) Addendum means a written clarification or revision to the solicitation issued by the TDA.

Respondent must acknowledge receipt of any addenda in the submission of the response.

2) Amendment means the final written agreement signed and dated by TDA and Respondent(s) selected for an award as a result of this solicitation subsequent to the effective date of the Contract, which amends, changes, extends, modifies or revises the Contract.

3) Business Days-means Monday through Friday except for federal, state, and legal holidays observed by the State of Texas.

4) Centralized Master Bidders List is a public website comprised of businesses interested in contracting with the state and maintained by the Texas Comptroller. It can be used by Respondents to identify potential respondents and historically underutilized businesses.

5) Contract means the final written agreement signed and dated by TDA and the respondent(s) selected for an award as a result of this solicitation, and includes the solicitation and all attachments, the proposal(s) of any respondent(s) selected for an award, any appendices, final proposals, amendments to the solicitation, schedules, or special provisions incorporated into the Contract. This term also includes a purchase order. Purchase order is a legal document between two parties to purchase and sell commodities and/or services.

6) Contractor means an entity or individual selected for an award as a result of this solicitation and that enters into a Contract to complete the scope of work described in this solicitation and the Contract.

7) Contract Manager means a person designated by TDA or Contractor that is responsible for invoicing and payment under the Contract, and for monitoring the overall progress of the scope of work required by the Contract. Either party may designate the same individual to be both the Contract Manager and the Project Manager.

8) Days means calendar days unless otherwise specified.

9) Effective Date means the date TDA's Deputy Commissioner or duly authorized designee signs and dates a Contract resulting from this solicitation.

10) Electronic State Business Daily (ESBD) means the public website for posting state contracting opportunities managed by the Texas Comptroller of Public Accounts (CPA)

11) Historically Underutilized Business (HUB) as defined by Chapter 2161 of the Texas

Government Code.

12) Intellectual Property means worldwide legal rights or interests in intangible property evidenced by or embodied in: (1) any idea, design, concept, method, process, technique, apparatus, invention, discovery, or improvement that is capable of being patented; (2) any copyright or patent; (3) any work that is capable of being copyrighted, including moral rights

PCO 805 RFP Template Page 7 of 34 Version 5 Release 10/04/2024 or neighboring rights; (4) any trademark, service mark, certification mark, trade dress, trade name, or other indicia of source or origin; (5) any design, display, graphic design, letter or letter combination, logo, mark, number or number combination, phrase, word or word combination that indicates the origin, quality or source of goods or services and that is capable of being copyrighted; and (6) any rights, interests or property similar in kind or nature to the rights, interests or property created or resulting from this solicitation. The intellectual property of a party includes all worldwide intangible legal rights or interests that the party may have acquired by assignment or license with the right to grant sublicenses.

13) Project means the purpose, result, or work to be accomplished as a result of the Contract.

14) Project Manager means the person assigned by TDA or Contractor that is responsible for managing the day-to-day work of the Contract.

15) Proposal means a response submitted to TDA as a result of this solicitation.

16) Respondent means an entity or individual that submits a proposal or offer

17) Scope of Work or Statement of Work (SOW) means the deliverables, services and work set out and defined in the Contract and described in this solicitation.

18) Solicitation means this REQUEST FOR PROPOSAL (RFP) .

19) Successful Respondent means the respondent awarded a contract resulting from this solicitation.

20) TDA means the Texas Department of Agriculture. TDA may also be referred to as the "Department."

5 SCOPE OF WORK/SPECIFICATIONS

TDA is seeking a proposal(s) from respondents to provide comprehensive analysis to address technical assistance needs for RHCs. TDA will oversee all contractor and Rural Health Clinic – Program Planning and Technical Assistance performances as further described in this Statement of Work (SOW).

TDA seeks to address the technical assistance needs of RHCs across the state. The Contractor shall:

conduct a thorough needs analysis of the issues that Texas RHCs face that create barriers to sustainability and that prevent them from efficiently providing the care their communities deserve;

analyze and summarize the findings from the needs analysis into actionable recommendations for an effective and targeted RHC technical assistance program; and develop a strategic plan for a future RHC technical assistance program.

initiate a basic technical assistance program that will address issues that are commonly known to exist for RHCs.

Contractor shall collaborate with TDA’s State Office of Rural Health (SORH) to implement the targeted technical assistance program to provide ongoing support and resources to Texas RHCs.

Reporting requirements and Project timelines are established to ensure accountability and successful implementation of the Project, ultimately enhancing the capacity of RHCs to deliver quality healthcare services to rural Texas communities.

5.1 GOALS AND OBJECTIVES

The goal of this solicitation is to obtain services from a Successful Respondent(s) who will conduct a needs assessment specifically designed for RHCs in Texas. The assessment findings will drive the development of a strategic plan, which will guide a future RHC technical assistance program.

Furthermore, while performing the needs assessment in the initial term, Contractor shall provide

PCO 805 RFP Template Page 8 of 34 Version 5 Release 10/04/2024 basic technical assistance and resources to RHCs that address issues that RHCs are commonly known to face. The work plan to be reviewed shall incorporate relevant rural health research, data, industry trends and developments as needed. Successful Respondent will provide the following:

GOAL 1. Conduct a Needs Analysis of the RHCs and synthesize findings into a report.

GOAL 2. Based upon Needs Analysis, develop a strategic plan for future technical assistance needs.

GOAL 3. In conjunction with SORH, provide technical assistance to Texas RHCs.

5.2 DELVERABLES

1) Deliverable #1 – within thirty (30) days of the execution of a Contract, Contractor shall submit to TDA for approval a work plan that includes all tasks to be performed and the timeframe in which it will be implemented.

a. Acceptance criteria: deliverable #1 shall be acceptable when the Contractor develops and submits to TDA for approval a work plan:

i. that shall identify all tasks identified within Respondent’s proposal to this RFP and stipulates a timeframe of execution.

ii. The work plan shall also identify who is responsible for its completion.

iii. TDA must give final approval for a work plan before work can commence and the work plan shall be submitted in a format approved by TDA.

2) Deliverable #2 – conduct a needs analysis of Texas RHCs and synthesis findings into a report.

a. Acceptance criteria: deliverable #2 shall be acceptable when the Contractor develops and distributes a surveying tool

i. The survey tool must be approved by TDA before use

II. Using the survey tool, the contractor will conduct a needs analysis of all Texas RHCs.

b. After the survey data is collected, the Contractor shall provide to TDA a copy of all the raw data collected.

i. Additionally, Contractor shall analyze and summarize the data into a report that also outlines the needs analysis process, and

ii. the findings as a result of the needs analysis, and in a format approved by TDA and that may be released to the public.

3) Deliverable #3 - based upon the needs analysis, develop a strategic plan for future technical assistance needs.

a. Acceptance criteria: deliverable #3 shall be acceptable when the Contractor develops a strategic plan for future technical assistance needs programming for Texas RHCs based upon findings identified from the needs analysis. The strategic plan should provide details of activities to implement each year over a five-year term. Plan shall be submitted in a TDA-approved format. TDA will ensure the strategic plan aligns with SORH goals, includes clear action steps, timelines, responsible parties, and measurable metrics. Furthermore, TDA will provide feedback and request revisions, if necessary, then formally approve the plan to indicate acceptance and commitment to implementation.

4) Deliverable #4 - in conjunction with SORH, provide basic technical assistance to Texas RHCs.

a. Acceptance criteria: deliverable #4 shall be acceptable when the Contractor develops and implements a TDA-approved technical assistance program. Once TDA gives final approval, Contractor shall implement the technical assistance program. To verify the training implementation process, Contractor shall provide to TDA any required data to document the completion of the implemented training programs (sign-in sheets, copy of materials, post-assistance surveys from the RHCs, etc.).

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5.3 REPORTING REQUIREMENTS

Successful Respondent shall maintain records, collect data, and provide reports as requested by TDA. Any reports requested will be submitted via e-mail to designated TDA staff. TDA may utilize these reports as part of its review and oversight of Successful Respondent’s performance.

Successful Respondent shall submit to TDA its reports that contain all the following information:

1. On a monthly basis, reports that describe each deliverable’s status that includes a brief Project narrative and the contact information of all stakeholders who contributed to deliverable completion. The monthly deliverable status report will include a description of successes and the steps Contractor took to achieve them, as well as a description of its challenges and the steps Contractor took to address them.

2. On a quarterly basis, reports with a detailed narrative and outcomes matrix of all project-related assessment measurements.

3. Once submitted, Contractor shall meet with TDA to discuss the report, the progress in implementing the deliverables, any issues that arise, etc. The meeting shall be held in a manner that is agreed upon by TDA and Contractor.

4. For both the monthly and quarterly status reports, Contractor will provide any additional information as requested by TDA, including maps, charts, photos, and evaluation methods and tools used or developed for the Project.

5.4 PROJECT CALENDAR (IMPLEMENTATION)

The proposed schedule will ensure the completion of deliverables by specified dates.

Workflow and milestones such as training, deliverables, invoicing, and quality assurance activities should be included.

5.5 PROJECT PLAN – PRICE TO VALUE/BEST VALUE

While price is not the sole deciding factor, TDA expects the cost proposal to be based on the best value for the price proposed. This requires submission of a Project plan that aligns costs, resources, and activities for an overall determination of best value for the price.

A draft Project plan detailing how Respondent will provide or implement the requirements of this solicitation must be included within Respondent’s response.

The draft Project plan must detail how Respondent would address the following:

1) A description of the project organization;

2) A breakdown and detailed description of the different deliverables of the Project;

3) Expected dependencies that exist within the Project plan;

4) A schedule and work plan for the different deliverables of the Project;

5) Any dependencies, caveats, or risks associated with the schedule; and

6) The methodology Respondent will employ to ensure the schedule for each deliverable is met.

6 INVOICING AND PAYMENT

The following procedures apply to invoicing and payment in addition to those listed in Exhibit A, Execution of Offer, Affirmation of Terms and Conditions, and Proposal Preferences, Paragraph 11 and 12.

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6.1 INVOICE SUBMISSION

Successful Respondent must submit invoices electronically to Texas Department of Agriculture, Accounts Payable, invoices@texasagriculture.gov , or mail to P.O. Box 12847, Austin, TX 78711-2847.

6.2 INVOICES MUST INCLUDE:

1) Name of Contractor exactly as shown on the contract, Texas Identification Number (TIN), and correct "Remit to" address;

2) Receiving entity name;

3) Contract/Purchase Order number;

4) Description, quantity, unit of measure, unit price, extended price of each item;

5) Total price;

6) Discount, if applicable, extended and deducted to arrive at a NET TOTAL for invoice; and

7) Attach supporting documentation, if required.

6.3 PAYMENT:

1) Payment will be made in accordance with the Texas Prompt Payment Act, Texas Government

Code, Chapter 2251. Payment normally will be made to Contractor within thirty (30) days after receipt of a properly prepared invoice or the receipt of and the acceptance of services ordered, whichever is later. State agencies are required by Chapter 2251 to pay properly submitted invoices within thirty (30) days or Contractor may charge a late payment fee established by law. Any contract resulting from this solicitation is contingent upon the continued availability of lawful appropriations by the Texas Legislature.

2) Under no circumstances shall TDA be obligated to make any payment (whether a progress payment or final payment) to Contractor, if any of the following conditions exists:

A. Contractor is in breach of the Contract;

B. Any portion of a payment is for services that were not performed in accordance with this

Contract provided, however, payment shall be made for those services which were performed in accordance with this Contract;

C. Contractor has failed to make payments promptly to consultants or other third parties used in connection with services for which TDA has made payment to Contractor; and

D. If TDA, in good faith, determines that the balance of the unpaid fees is not sufficient to complete the services in accordance with this Contract; or if Contractor has failed to achieve a level of performance necessary to maintain the project schedule. No deductions shall be made from Contractor’s compensation on account of liquidated damages or other sums withheld from payments to other Contractors or on account of the cost of changes in the work other than those for which Contractor may be liable.

E. Payments for services purchased with state appropriated funds will be made through state warrants issued by the Texas Comptroller of Public Accounts. Payments by qualified ordering entities will be made through the entities’ local payment system.

F. Any additional expenses incurred by Contractor are the responsibility of Contractor and will not be paid by TDA.

G. TDA will not pay any per diem, travel, hotel, equipment, phone calls, paper, reproduction services, office space, or other incidental expenses related to performing the services required by the Contract.

7 PERFORMANCE AND SERVICE LEVEL EXPECTATIONS

7.1 TDA RESPONSIBILITIES

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TDA is responsible for planning, leading, and executing the work activities that are required for the completion of the Project. TDA will look solely to Respondent for the performance of all contractual obligations that may result from an award based on this solicitation.

Respondent shall not be relieved of its obligations for any nonperformance by its subcontractors.

TDA’s Project and Contract Manager shall be responsible for the following tasks:

1) Monitor Contractor’s Performance

a. Review and approve submitted invoices confirming receipt and completion of invoiced services;

b. Provide written confirmation of acceptance or rejection at the completion of deliverable review; and

c. Performance reports should reflect the analytics of each TV show/program with TDA advertisements included.

2) Communication

a. Contact Contractor via telephone, e-mail, or web to meet the approved schedule;

b. Provide contact information for TDA staff with responsibilities under the Contract; and

c. Make available appropriate individuals with reasonable notice of the circumstances requiring the staff member.

7.2 CONTRACTOR RESPONSIBILITIES

Contractor is responsible for planning, leading, and executing the work activities that are required for the completion of the Project. TDA will oversee the Contractor’s Project and Contract Manager shall be responsible for the following tasks:

1) Project Plan

a. Present the proposed Project plan for approval;

b. Maintain the approved Project plan;

c. Identify potential deviations from the plan; and

d. Notify TDA’s Contract Manager with a solution to stay on schedule.

2) Project Management

a. Respond to support requests and resolve escalated issues within agreed upon time frames;

b. Establish detailed timelines and deliver on or before scheduled benchmarks dates, as outlined in Project schedule approved by TDA;

c. Participate in planning meetings, as scheduled by the selected TDA representative;

d. Apply quality assurance processes on deliverables before submission and explain the quality assurance process; and

e. Ensure the confidentiality of all information obtained from TDA.

3) Documentation

a. Document the status of work performed and update TDA monthly.

7.3 INFORMATION SECURITY REQUIREMENTS

Contractor shall adhere to the T e x a s D e p a r t m e n t o f I n f o r m a t i o n R e s o u r c e s ’ ( DIR) Information Resources Security and Risk Management Policy, Standards and Guidelines as published in Texas Administrative Code, Title 1, Part 10, Chapter 202 and as authorized by the Information Resources Management Act, Chapter 2054 of the Texas Government Code.

(See Exhibit K, Data Security Requirements)

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Contractor shall adhere to the following policy standards:

Contractor shall ensure that security controls for Information Resources (including all data and reports associated with the background checks conducted under any Contract awarded under this solicitation, hereinafter "IR'') are not bypassed or disabled.

Contractor shall ensure that:

1) Security awareness is continually emphasized, reinforced, updated, and validated;

2) The user must keep any data used in an IR system confidential and secure;

3) Contractor must take appropriate steps to ensure the integrity and security of all programs and data files created by, or acquired for, computer applications that will be utilized to perform the services requested by this solicitation;

4) TDA reserves the right to immediately terminate the Contract and cease all payment for services if Contractor does not comply with these security guidelines; if Contractor's IR security does not comply with industry standards; or if TDA does not consider Contractor's IR to be adequately secure;

5) The sale or release of data, reports or lists generated as a result of the services contemplated by this solicitation, to any entity, organization, or person other than TDA is strictly prohibited;

6) Contractor shall carefully assess the risk of unauthorized alteration, unauthorized disclosure or loss of the data for which it is responsible. Contractor shall immediately disclose any alterations, losses or risks to TDA in writing;

7) Contractor must have backup and contingency plans for disaster recovery based on risk assessment and business requirements;

8) Contractor is responsible for all, but not necessarily limited to, the following: the maintenance, monitoring and procurement of all computers, electronic devices, computer or network systems, contracts, leases, licenses, consulting arrangements or other agreements necessary for Contractor to deliver the services required by this solicitation; and

9) Contractor shall adhere to all other guidelines, laws, policies, practice standards, procedures and regulations promulgated by DIR, TDA, or the state that affect the scope of work contemplated by this solicitation.

TDA is solely responsible for data security, once the reports contemplated by this solicitation have been delivered to TDA, and the underlying data has been completely and permanently removed from Contractor's computers, electronic devices, networks, and/or systems.

7.4 PROJECT CHANGE MANAGEMENT

Any proposed changes to be made within the Contract, whether initiated by TDA or Contractor, must receive final written approval in the form of a Contract amendment and/or Purchase Order Change Notice (POCN).

1) Change in Scope All change orders are subject to mutual agreement and must be in writing. Change orders that change the scope of the Project will be documented through written amendment to the contract and signed by the parties. Change orders will be made as necessary within the budget.

A material change in the scope may require a new solicitation to maintain a fair solicitation process.

2) Amendment The parties shall initiate changes to the Contract in a written instrument signed by an

PCO 805 RFP Template Page 13 of 34 Version 5 Release 10/04/2024 authorized Project or Contract Manager for each party. However, any proposed change to the contract amount or work to be performed, whether initiated by TDA or the Contractor, must receive final written approval in the form of a contract amendment or a Purchase Order Change Notice (POCN), which must be signed by an authorized representatives of TDA and Contractor who have authority to bind TDA and Contractor, respectively. The agreement to make the contract change must indicate the reason the change, amendment or POCN is necessary.

7.5 QUALITY ASSURANCE

TDA will approve all proposed work prior to Contractor carrying out the work, to ensure that it meets the needs of this Contract.

7.6 PROJECT COMPLETION AND CONTRACT CLOSEOUT REQUIREMENTS

As part of Contract close-out, TDA’s Contract Manager must compare actual performance against performance measures, goals and objectives, to determine whether all required work has been completed. A contract is completed when:

1) all goods or services have been received and accepted;

2) all reports have been delivered and accepted;

3) all administrative actions have been accomplished;

4) all agency-furnished equipment and materials have been returned;

5) all property inventory and ownership issues are resolved including disposition of any equipment or licenses purchases under the Contract;

6) final acceptance from the project manager has been received;

7) A closeout meeting between TDA and Contractor is conducted prior to final payment and

Contract closeout; and

8) final payment has been made to the contractor.

TDA’s Contract Manager must also ensure that vendor performance is reported to the Comptroller’s Vendor Performance Tracking System (VPTS) and that Contractor is aware of and is in compliance with records retention requirements.

8 CONTRACT TERM

8.1 INITAL CONTRACT TERM:

The Contract shall commence on the Effective Date and continue through 8/31/2025, unless sooner terminated under the terms of the contract. Any work done outside of the period of performance shall be provided at no cost to TDA.

8.2 REEWAL OPTION:

The Contract may be renewed for up to three (3) additional one (1) year periods. TDA will notify Contractor of its intent to renew and will send a contract amendment to Contractor. If renewal options are exercised, TDA will provide the new timeline and delivery schedule to Contractor.

The total duration of performance under an option renew term shall not exceed the three (3) one-year renewals to be exercised by TDA at its sole discretion. Each option to renew term shall run concurrently with the state fiscal year as follows:

Option Year 1: September 1, 2025 through August 31, 2026 Option Year 2: September 1, 2026 through August 31, 2027 Option Year 3: September 1, 2027 through August 31, 2028

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TDA may exercise an option to renew upon thirty (30) calendar days’ prior written notice to Contractor.

8.3 TEMINATION:

The Contract shall terminate upon full performance of all requirements contained in the Contract, unless otherwise extended or renewed, in accordance with the Contract terms and conditions.

9 NO EXCLUSIVITY IN AWARD

There shall be no exclusivity under any Contract awarded pursuant to the terms of this solicitation. TDA may re-solicit the services under this solicitation at any time for any reason if it is in the best interests of TDA or the State of Texas to do so.

SECTION II – ADMINISTRATIVE INFORMATION

1 SCHEDULE OF EVENTS

TDA intends to proceed according to the following schedule. These dates represent a tentative schedule of events. TDA reserves the right to change the dates in the schedule of events above upon written notification to prospective respondents through a posting on the posted on the Electronic State Business Daily (ESBD)

Events Dates/Times

Solicitation Publication on posted on the Electronic State Business Daily (ESBD)

11/21/2024

Pre-proposal Conference: 12/5/2024 1:00 PM CT

Deadline for Questions: 12/6/2024 3:00 PM CT

Addendum Posted on the Electronic State Business Daily

(ESBD)

12/13/2024 (estimated)

Response Due Date: 12/23/2024 3:00 PM CT

Response Review, Selection of Vendor: 1/10/2025 (estimated)

Beginning Date of Contract: Effective date

Ending Date of Contract:

8/31/2025

2 INQUIRIES

2.1 POINT OF CONTACT

All requests, questions, or other communications about this solicitation must be made in

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Alfredo Aguirre E-mail: Alfredo.Aguirre@TexasAgriculture.gov

Texas Department of Agriculture 1700 N. Congress, 11th Floor

Austin, TX 78701

All Respondents shall make no contact concerning this solicitation with other TDA personnel, except as permitted by the point of contact. Failure to comply with this requirement at any point prior to contract award may result in disqualification. This restriction does not preclude discussions between affected parties for the purpose of conducting business unrelated to this procurement.

2.2 QUESTIONS AND CLARIFICATIONS:

TDA will allow written questions and requests for clarification of this solicitation. Questions must be e-mailed to the Contact listed above. Questions must be submitted on Exhibit E, Respondent Solicitation Questions Form of this solicitation. Responses to questions or other written requests for clarification will be posted on the ESBD. It is the responsibility of an interested party to check the ESBD for updates to this solicitation. before submitting a Proposal. Each Respondent is solely responsible for verifying TDA’s receipt of its questions, if applicable, and its Proposal by the deadlines specified in this solicitation.

Note: Questions or other written requests for clarification must be received by the sole point of contact by the deadline set forth in Section II of this solicitation.

2.3 CHANGES, AMENDMENT OR MODIFICATION TO SOLICITATION

In order to ensure that no prospective respondent may obtain a competitive advantage because of acquisition of information unknown to other prospective respondents, TDA will provide any additional information that is different from or in addition to, information provided in the solicitation only in response to written inquiries. TDA will provide answers to all such inquiries via an Addendum on the Electronic State Business Daily (ESBD) at https://www.txsmartbuy.com/esbd. Respondent names will be removed from questions in the responses released. TDA reserves the right to amend answers prior to the response submission deadline. If Respondents do not have Internet access, copies may be obtained through the point of contact listed above.

Note: It is the responsibility of interested parties to periodically check the method above for updates to the procurement prior to submitting a response. Respondent’s failure to periodically check the method above will in no way release the selected Respondent from “Addenda or additional information” resulting in additional costs to meet the solicitation requirements.

2.4 INFORMALITIES

TDA reserves the right to waive minor informalities in a solicitation response if it is in the best interest of TDA. A "minor informality" is an omission or error that, in TDA’s determination if waived or modified when evaluating solicitation responses, would not give one Respondent an unfair advantage over other Respondents or result in a material change in the solicitation response or solicitation requirements.

2.5 PROHIBITED COMMUNICATIONS

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Upon issuance of this solicitation, TDA, its representative(s), or partners will not answer questions or otherwise discuss the contents of this solicitation with any potential Respondent or its representative(s), except for the written inquiries described in Section II, Subsection 2.

Attempts to ask questions by phone or in person will not be allowed or recognized as valid.

Failure to observe this restriction may disqualify Respondent. Respondent shall rely only on written statements issued through or by TDA’s Purchasing staff. This restriction does not preclude discussions between affected parties for the purposes of conducting business unrelated to this solicitation.

3 SUBCONTRACTING AND HUB SUBCONTRACTING PLAN

Refer to Exhibit A – Execution of Offer, Affirmation of Terms and Conditions, and Proposal Preferences Paragraph 78 – Subcontractors.

1) Respondent must complete, sign and submit Exhibit B, HUB Subcontracting Plan, with its response submission and in accordance with the following instructions. ALL RESPONDENTS

RESPONDING TO THIS SOLICITATION, INCLUDING THOSE THAT ARE HUB CERTIFIED OR THOSE

WHO DO NOT PLAN TO SUBCONTRACT, MUST COMPLETE A HUB SUBCONTRACTING PLAN

(HSP) IN ACCORDANCE WITH THE STATE’S POLICY ON UTILIZATION OF HUBs. FAILURE TO

COMPLETE AND SUBMIT THE HUB SUBCONTRACTING PLAN (HSP) WITH THE RFP RESPONSE

WILL RESULT IN DISQUALIFICATION OF THE RESPONSE FROM CONSIDERATION.

2) In accordance with Texas Government Code, §2161.252 and Texas Administrative Code, Title 34, §20.14, TDA has determined that subcontracting opportunities are probable under this contract, and that the contract value may exceed $100,000. This probability is based on HUB availability, HUB utilization, geographic location of the project, the contractual scope of work, or other factors. TDA estimates the value of this contract to be greater than $100,000 and further sets the HUB subcontracting goal at 26 % of the Contract’s value.

TDA is committed to increasing contracting opportunities with HUBs by contracting directly with HUBs or indirectly through subcontracting opportunities in compliance with Chapter 2161 of the Texas Government Code. After Contract award, Successful Respondent may be subject to debarment pursuant to Section 2161.253(d) of the Texas Government Code if any modifications are made to the HSP without PRIOR approval from TDA.

The HSP is available as part of this solicitation package. In the event and HSP is not included with this solicitation, please email HUB@texasagriculture.gov and one will be forwarded to you.

Respondents may send an HSP review request to the Contact person provided in Section II.

TDA will provide a courtesy HSP review if the request is received no later than the date questions are due, as specified in Section II.

If Respondent is not subcontracting any portion of the Contract, Sections 1, 2(a), 3 and 4 of the HSP must be completed. If Respondent is subcontracting some portion of the Contract, the supporting documentation of “Good Faith Effort” must be demonstrated in either Method A (Attachment A) or Method B (Attachment B) of the HSP. The Texas Comptroller of Public Accounts requests all Respondents to consider utilizing HUBs in subcontracting areas listed below; however, this list should not be considered exhaustive.

# Class Item Description 1 917 25 Contracted Services, Research Collaboration 2 962 69 Personnel Services, Temporary

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3) DIR Contracts (only): Any subcontractors must be listed on the Respondent’s approved DIR

HSP for their contract. DIR will work with Respondent in the event a new subcontractor needs to be added.

4) HUB Subcontracting Plan (HSP) Prime Contractor Progress Assessment Reports (PAR’s). Per 34 TAC §20.285 (6)(g), Contractor shall submit a Progress Assessment Report to the state agency with each invoice, in the format required by the comptroller. A state agency may, at its option, allow electronic submissions of the compliance report required by this subsection so long as the electronically submitted compliance reports are in the format and contain all information required by the Texas Comptroller. The Progress Assessment Report shall be a condition for payment. TDA may verify the amounts being reported as paid by requesting copies of cancelled checks paid to subcontractors.

4 PRE-PROPOSAL VENDOR CONFERENCE

Attendance is strongly encouraged, but not required. Failure to attend in person, participate in the conference call, or participate in the webinar will not disqualify a Respondent.

4.1 ATTENDANCE LOG

For conference calls and webinars, participants will be added to the attendance log with the following information ready and properly announced or submitted:

1) Legal business entity name or name of individual which will be used if submitting a response to this solicitation or subcontractor acting on behalf of the legal business entity;

2) Name and title of each representative on the call; and

3) E-mail address for the sole point of contact.

4.2 WEBINAR VENDOR CONFERENCES

TDA will conduct a webinar vendor conference on the date and time identified in the Procurement Schedule (Section II), or on the date and time established in subsequent Addenda.

The conference will provide a review of the requirements, scope of work, terms and conditions, and all components of this solicitation. Respondents must pre-register for the vendor conference prior to the scheduled date and time identified in the Procurement Schedule (Section II), or on the date and time established in subsequent Addenda.

The conference will be held via TEAMS. Vendors must register for the vendor conference prior to the conference date. Please use the following link for conference registration:

Microsoft Virtual Events Powered by Teams

4.3 QUESTIONS OR REQUESTS FOR CLARIFICATION

The vendor conference allows participants to ask TDA questions or request clarifications.

Questions are required to be submitted, either prior to or immediately after the conference, in writing, by e-mail, to the Sole Point of Contact, Section II. The questions and requests for clarifications must be submitted on Exhibit E of this solicitation.

1) Answers During the Conference A. During the conference, TDA may provide responses to questions or requests for clarification; however, these answers will not be considered official;

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B. After the conference, the official responses to questions and requests for clarifications received during the conference and those received by the deadline identified in the Procurement Schedule or deadlines established in subsequent Addenda, will be posted in an Addendum on the ESBD; and

C. TDA reserves the right to amend the answers previously posted at any time prior to the Response Deadline or deadlines established in subsequent Addenda. Amended answers will be posted on the ESBD in a separate, new Addendum or Addenda.

5 SOLICITATION RESPONSE COMPOSITION AND DELIVERY

5.1 RESPONSE SUBMISSION

Proposals must be submitted in a manner which does not carry any benefit, keepsake, or value for members of the evaluation committee. Responses submitted by mail, facsimile, or any other method not specified in this solicitation, will NOT be accepted, or considered. Responses must be received prior to the response due date listed on the cover page of this solicitation.

5.2 SUBMISSION METHOD: E-MAIL SUBMISSION

Respondent is solely responsible for ensuring that the electronic response is complete and submitted to and RECEIVED by TDA before the Response Deadline identified in the Procurement Schedule or deadline established in subsequent Addenda. TDA is not responsible for lost, misdirected or late responses. Late responses will be disqualified.

The solicitation response, including all documentation required by this solicitation and Appendix, must be sent in its entirety in one or more e-mails as warranted by the size of each attachment.

Responses sent by e-mail must be sent to: bidroom@texasagriculture.gov

1) E-mail Subject Line

The e-mail subject line must contain the solicitation number, title as indicated on the cover page and number quantity of e-mails if more than one (e.g., 1 of #, etc.).

2) Body of E-mail The body of each e-mail must include the following information:

A. Respondent’s name B. Contact Name for Respondent C. Phone number for Respondent’s Contact D. Solicitation number from cover page E. Purchaser Name (Sole Point of Contact, Section II, Paragraph 2.1).

TDA takes no responsibility for e-mailed solicitation responses that are captured, blocked, filtered, quarantined, or otherwise prevented from reaching the proper destination server by any TDA anti-virus or other security software.

3) Additional Information Regarding Electronic Submission by E-Mail All documents should be submitted in Microsoft Office® formats (Word® and Excel®, as applicable) or in a form that may be read by Microsoft Office® software. Any documents with signatures shall be submitted as an Adobe® portable document format (pdf) file, or DocuSign. TDA is not responsible for documents that cannot be read or converted.

Unreadable responses may be, in TDA’s sole discretion, rejected as nonresponsive.

4) E-mail Attachment Naming Convention Respondents must name e-mail attachments in accordance with Response Submission Checklist, Section VIII.

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Example: Respondents Execution of Offer, Terms and Conditions and Proposal Preferences may be submitted in PDF format with PDF name of Exhibit A.pdf.

5) All required forms must be electronically signed or manually signed with scanned signatures;

6) By submitting a proposal, permissions to edit, print, copy, and distribute as authorized under public information or other law is given to TDA. Two (2) versions of the proposal must be submitted on approved electronic media as described below.

A. One original proposal, that includes all attachments (Original Proposal) and identifies claimed proprietary or confidential information, if any, by highlighting such claimed information and clearly labeling it as proprietary, confidential, or both in a comment. The Original Proposal must be in portable document format (PDF) or Microsoft Word and accessible (no password) to TDA staff.

B. One redacted copy of the entire proposal that makes the claimed confidential or proprietary information, if any, unreadable. Redaction can be made in MS Word™ by highlighting the confidential words in black. Adobe™ also has a redaction feature. If no proprietary or confidential information is claimed in the Original Proposal, then submission of a copy of the Original Proposal with redactions is not required.

C. TDA will not be held responsible for any solicitation Response that is mishandled prior to receipt by TDA. It is Respondent’s responsibility to mark appropriately and deliver the solicitation Response to TDA by the specified date and time. TDA will not be responsible for any technical issues that result in late delivery, inappropriately identified documents, or other submission error that may lead to disqualification (including substantive or administrative) or nonreceipt (in whole or in part) of the Respondent’s proposal.

5.3 CONFIDENTIAL OR PROPRIETARY INFORMATION

1) PUBLIC INFORMATION ACT

A. Respondent Requirements Regarding Disclosure Proposals and any resulting contracts are subject to the Texas Public Information Act (PIA), Texas Government Code, Chapter 552, and may be disclosed to the public upon request. Other legal authority also requires TDA to post certain contracts and solicitation responses on its public website and to provide such information to the Legislative Budget Board for posting on its website.

TDA will strictly adhere to the requirements of the PIA regarding the disclosure of public information. As a result, by participating in this solicitation process, Respondent acknowledges that all information, documentation, and other materials submitted in the solicitation Response in response to this solicitation may be subject to public disclosure under the PIA. TDA does not have authority to agree that any information submitted will not be subject to disclosure. Disclosure is governed by the PIA and by rulings of the Office of the Texas Attorney General. TDA assumes no obligation or responsibility relating to the disclosure or nondisclosure of information submitted by Respondent.

Under the PIA, all information held by governmental bodies is open to public disclosure unless it falls within one of the PIA's specific exceptions to disclosure.

Respondent must submit Exhibit N, Confidential or Proprietary Information as part of their proposal response. If Respondent asserts that information provided in its solicitation Response is exempt from disclosure under the PIA, Respondent must:

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i) Mark Original Proposal

a. Mark the Original Proposal, on the top of the front page, the words “CONTAINS

CONFIDENTIAL OR PROPRIETARY INFORMATION” in large, bold, capitalized letters (the size of, or equivalent to, 12-point Times New Roman font or larger);

and

b. Mark the bottom of each page on the Original Proposal that contains…